Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023-2024 Biennial Specifications and Management Measures; Inseason Adjustments; Correction, 90127-90133 [2023-27689]
Download as PDF
Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Rules and Regulations
insert a new row reading
‘‘* * * * * * *’’.
■ 6. On the same page, in the same
table, in the twenty-sixth row, ‘‘Longchain alkylphenol (C18–C30) https://
fedimpact.com/request-to-meet/’’
should read ‘‘Long-chain alkylphenol
(C18–C30)’’.
Table 2 to Part 150
[Corrected]
DEPARTMENT OF COMMERCE
List of Subjects in 47 CFR Part 73
50 CFR Part 660
Radio, Radio broadcasting.
Grouping of Cargoes
7. On page 81225, in the table, in the
twenty-fourth row, ‘‘(<25% but <99%
by volume)’’ should read ‘‘(>25% but
<99% by volume)’’.
■
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media
Bureau.
RIN 0648–BM72
BILLING CODE 0099–10–D
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
FEDERAL COMMUNICATIONS
COMMISSION
PART 73—RADIO BROADCAST
SERVICES
47 CFR Part 73
Radio Broadcasting Services; Lac Du
Flambeau, Wisconsin
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
This document amends the
Table of FM Allotments, of the Federal
Communications Commission’s
(Commission) rules, by allotting FM
Channel 225A at Lac Du Flambeau,
Wisconsin, as a Tribal Allotment. The
staff engineering analysis indicates that
Channel 225A can be allotted to Lac Du
Flambeau, Wisconsin, consistent with
the minimum distance separation
requirements of the Commission’s rules,
with a site restriction of 12.1 km (7.5
miles) northwest of the community. The
reference coordinates are 46–01–14 NL
and 89–44–54 WL.
DATES: Effective February 2, 2024.
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2054, Rolanda-Faye.Smith@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, adopted December 18, 2023,
and released December 19, 2023. The
full text of this Commission decision is
available online at https://apps.fcc.gov/
ecfs/. The full text of this document can
also be downloaded in Word or Portable
Document Format (PDF) at https://
www.fcc.gov/edocs. This document does
not contain information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13.
The Commission will send a copy of
the Report and Order in a report to be
SUMMARY:
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17:49 Dec 28, 2023
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Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
2. In § 73.202(b), amend the Table of
FM Allotments under Wisconsin, by
adding in alphabetical order an entry for
‘‘Lac Du Flambeau’’ to read as follows:
■
§ 73.202
*
Table of Allotments.
*
*
*
*
(b) Table of FM Allotments.
TABLE 1 TO PARAGRAPH (b)
U.S. States
*
*
Channel No.
*
*
*
Wisconsin
*
*
*
Lac Du Flambeau .................
*
*
*
*
*
*
*
*
*
225A
*
*
*
[FR Doc. 2023–28468 Filed 12–28–23; 8:45 am]
BILLING CODE 6712–01–P
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Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
2023–2024 Biennial Specifications and
Management Measures; Inseason
Adjustments; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
AGENCY:
NMFS published a final rule
on November 29, 2023, to announce
routine inseason adjustments to
management measures in commercial
and recreational groundfish fisheries for
the 2024 fishing year. That rule is
intended to allow commercial and
recreational fishing vessels to access
more abundant groundfish stocks while
protecting overfished and depleted
stocks. This action corrects the trip
limits for the limited entry (LE) fixed
gear and open access (OA) fleets for
‘‘Other Flatfish’’ (butter sole, curlfin
sole, flathead sole, Pacific sanddab, rex
sole, rock sole, and sand sole) south of
latitude (lat.) 40°10′ North (N). This
correction is necessary so that the
implementing regulations are accurate
and implement the action as intended
by the Pacific Fishery Management
Council (Council). This action also
corrects a final rule published on
December 1, 2023.
DATES: The corrections are effective on
January 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Keeley Kent, phone: 206–526–4655,
keeley.Kent@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
1. The authority citation for part 73
continues to read as follows:
■
[DA 23–1179; MB Docket No. 23–302; RM–
11965; FR ID 193053]
National Oceanic and Atmospheric
Administration
[Docket No. 221206–0261]
Final Rules
[FR Doc. C1–2023–25026 Filed 12–28–23; 8:45 am]
ddrumheller on DSK120RN23PROD with RULES1
sent to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
90127
Background
NMFS published the final rule to
implement harvest specifications and
management measures for the 2023–
2024 biennium for most species
managed under The Pacific Coast
Groundfish Fishery Management Plan
(PCGFMP) on December 16, 2022 (87 FR
77007). The harvest specifications and
mitigation measures developed for the
2023–2024 biennium used data through
the 2021 fishing year to help various
sectors of the fishery attain, but not
exceed, the catch limits for each stock.
Based on updated fisheries information
E:\FR\FM\29DER1.SGM
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Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Rules and Regulations
that was unavailable when the analysis
for the current harvest specifications
was completed, Council recommended
that NMFS extend the duration of
several measures implemented through
an inseason action published on
October 2, 2023 (88 FR 67656), to
continue the minimization of mortality
of quillback rockfish off California for
the 2024 fishing season. The Council
also recommended NMFS reset trip
limits for several species for the 2024
fishing season. NMFS published a final
rule on November 29, 2023 (88 FR
83354), that announces routine inseason
adjustments to management measures in
commercial and recreational groundfish
fisheries for the 2024 fishing year.
ddrumheller on DSK120RN23PROD with RULES1
Need for Correction
The November 29, 2023, final rule
modified tables 2 north and south to
part 660, subpart E, and tables 3 north
and south to part 660, subpart F. NMFS
implemented an area-based trip limit for
LE and OA fleets between lat. 42° N and
lat. 36° N seaward of the non-trawl
Rockfish Conservation Area (RCA) for
lingcod and other flatfish for all
cumulative periods in 2024. The trip
limits for other flatfish for the LE and
OA fleets south of lat. 40°10’ N were
inadvertently changed from those that
were intended by the final rule by
switching the trip limits in areas lat.
40°10’ N to lat. 36° N and south of lat.
36° N. The preamble to the final rule
correctly notes that by reducing the
‘‘other flatfish’’ trip limit to 0 lbs/2
months between lat. 42° N and lat. 36°
N inside the Non-Trawl RCA, and
maintaining the current trip limits
seaward of the Non-Trawl RCA, the
inseason action would help prevent the
possible interaction with quillback
rockfish within the Non-Trawl RCA.
This action changes the trip limit to
what was originally intended by
correcting table 2 south to part 660,
subpart E and table 3 south to part 660,
subpart F in the regulations. For LE
fixed gear between lat. 42° N to lat. 36°
N, the trip limit for other flatfish will be
0 lbs/month inside the Non-Trawl RCA
VerDate Sep<11>2014
16:47 Dec 28, 2023
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and 10,000 lbs/month seaward of the
Non-Trawl RCA. For LE fixed gear south
of lat. 36° N, the trip limit for other
flatfish will be 10,000 lbs/month with
no area restriction. Similarly, for OA,
between lat. 42° N and lat. 36° N, the
trip limit for other flatfish will be 0 lbs/
month inside the Non-Trawl RCA and
5,000 lbs/month seaward of the NonTrawl RCA. For OA south of lat. 36° N,
the trip limit for other flatfish will be
5,000 lbs/month with no area
restriction.
These corrections are consistent with
the Council’s recommendation for the
inseason adjustments to the 2024 fishing
year harvest specifications and are
minor corrections necessary to correctly
implement the Council intent in their
final action from November 2023.
This rule also removes amendatory
instructions published in the final rule
for Amendment 32 to the Groundfish
FMP (December 1, 2023; 88 FR 83830).
The amendatory instructions created
erroneous and incorrect table headings
for tables 2 north and south to part 660,
subpart E, and tables 3 north and south
to part 660, subpart F.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries
(AA) finds there is good cause to waive
prior notice and an opportunity for
public comment on this action, as notice
and comment would be unnecessary
and contrary to public interest. Notice
and comment are unnecessary and
contrary to the public interest because
this action corrects inadvertent errors in
the November 29, 2023, final rule.
Immediate notice of the errors and
correction is necessary to prevent
confusion among participants in the
fishery that could result in issues with
enforcement of area management. To
effectively correct the errors, the
changes in this action must be effective
on January 1, 2024, which is the
effective date of the November 29, 2023,
final rule. Thus, there is not sufficient
time for notice and comment due to the
imminent effective date of the
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November 29, 2023, final rule. In
addition, notice and comment is
unnecessary because this notice makes
only minor changes to correct the final
rule and is consistent with the
expectation of the public. These
corrections will not affect the results of
analyses conducted to support
management decisions in the Pacific
coast groundfish fishery.
For the same reasons stated above, the
AA has determined that good cause
exists to waive the 30-day delay in
effectiveness pursuant to 5 U.S.C.
553(d). This document makes only
minor corrections to the final rule
which will be effective January 1, 2024.
Delaying effectiveness of these
corrections would result in conflicts in
the regulations and confusion among
fishery participants. Because prior
notice and an opportunity for public
comment are not required to be
provided for this rule by 5 U.S.C. 553,
or any other law, the analytical
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are
not applicable. Accordingly, no
Regulatory Flexibility Analysis is
required for this rule and none has been
prepared.
This final rule is not significant under
Executive Order 12866.
Corrections
Effective January 1, 2024, in FR Doc.
2023–26018 at 88 FR 83354 in the issue
of November 29, 2023:
Table 2 (North) to Part 660, Subpart E—
[Corrected]
1. On page 83359, in amendatory
instruction 2, ‘‘Table 2 (North) to Part
660, Subpart E—Non-Trawl Rockfish
Conservation Areas and Trip Limits for
Limited Entry Fixed Gear North of
40°10′ N Lat.″ Is corrected to read as
follows:
■
Table 2 (North) to Part 660, Subpart E—
Non-Trawl Rockfish Conservation
Areas and Trip Limits for Limited Entry
Fixed Gear North of 40≥10′ N Lat.
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90129
Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Rules and Regulations
Table 2 (North) to Part 660, Subpart E -- Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear North of 40°10' N lat.
Other limits and reauirements acclv -- Read &&660.10 throuah 660.399 before usina this table
MAY-JUN
JAN-FEB
I MAR-APR I
Rockfish Conservation Area IRCAl11 :
1 North of 46°16' N lat.
2 46°16' N lat. - 42°00' N lat.
I
JUL-AUG
I
SEP-OCT
I
1/1/2024
NOV-DEC
Shoreward EEZ-100 Im line"
30 Im line 11 -75 Im line 11
Shoreward EEZ - 75 Im line 11
3 42°00' N lat. - 40°1 0' N lat.
See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, Farallon Islands, Cordell Bank, and EFHCAs).
21
3 Minor Slope Rockfish & Darkblotched
8,000 lb/ 2 months
3,600 lb/ 2 months
4,500 lb/ week, not to exceed 9,000 lb /2 months
10,000 lb/ 2 months
2,000 lb/ 2 months
2,500 lb/ 2 months
I
rockfish
4 Pacific ocean oerch
5 Sablefish
6 Longspine thornvhead
7 Shortspine thornyhead
8
Dover sole, arrowtooth flounder, petrale
sole, English sole, starry flounder
9 Other Flatfish"
10
11
-I
10,000 lb/ month
)>
North of 42°00' N lat.
42°00' N lat. - 40° 10' N lat.
12 Whiting
Rockfish 21
13 Minor Shelf
14 Widow rockfish
10,000 lb/ month
10,000 lb/ month seaward of the non-trawl RCA; 0 lb/month inside the non-trawl RCA
10,000 lb/ trip
800 lb/ month
4,000 lb/ 2 months
3,000 lb/ month
3,000 lb/ 2 months
CLOSED
Yellowtail rockfish
Canarv rockfish
Yelloweve rockfish
Quillback rockfish
0 lb/ 2 months
42°00' N lat. - 40° 10' N lat.
20 Minor Nearshore Rockfish Oreoon black/blue/deacon rockfish & black rockfish 41
5,000 lb/ 2 months, no more than 1,200 lb of which may be species other than black rockfish or blue/deacon
21
North of 42°00' N lat.
rocler of pounds in one kilogram.
2. On page 83360, in amendatory
instruction 3, ‘‘Table 2 (South) to Part
ddrumheller on DSK120RN23PROD with RULES1
■
VerDate Sep<11>2014
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660, Subpart E—Non-Trawl Rockfish
Conservation Areas and Trip Limits for
Limited Entry Fixed Gear South of
40°10′ N Lat.″ Is corrected to read as
follows:
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Table 2 (South) to Part 660, Subpart E—
Non-Trawl Rockfish Conservation
Areas and Trip Limits for Limited Entry
Fixed Gear South of 40≥10′ N Lat.
E:\FR\FM\29DER1.SGM
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Table 2 (South) to Part 660, Subpart E—
[Corrected]
90130
Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Rules and Regulations
Table 2 (South) to Part 660, Subpart E -- Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear South of 40°10' N lat.
1/1/2024
Other limits and reauirements annh, -- Read &&660 10 throuah 660 399 before usina this table
JAN-FEB
I MAR-APR I MAY-JUN
I JUL-AUG
I SEP-OCT
I NOV-DEC
11
Rockfish Conservation Area CRCAl :
1 40"10' N lat. - 36"00' N lat.
Shoreward EEZ 11 - 75 fm line 11
2 36"00' N lat. - 34"27' N lat.
3 South of 34 "27' N lat.
50 fm line 11 - 75 fm line 11
100 fm line 11 - 150 fm line 11 (also anrilies around islands and banks)
See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76-660.79 for
conservation area descriptions and coordinates (including RCAs, YRCAs, Farallon Islands, Cordell Bank, and EFHCAs).
21
4 Minor Slope rockfish & Darkblotched
rockfish
5 SDlitnose rockfish
6 Sablefish
40,000 lb/ 2 months, of which no more than 6,000 lb may be blackgill rockfish
40,000 lb/ 2 months
7
40°10' N lat.-36°00' N lat.
8
South of 36 •00" N lat.
4,500 lb/ v.ieek, not to exceed 9,000 lb /2 months
2,500 lb/ week
10,000 lb/ 2 months
9 LonasDine thomvhead
10 Shortspine thomyhead
11
40"10' N lat. - 34"27' N lat.
12
South of 34 °27' N lat.
Dover
sole,
arrowtooth
flounder, petrale sole,
13
English sole, starry flounder
14 Other Flatfish~
15
I 40°10' N lat. - 36°00' N lat.
16
South of 36 •00' N lat.
I
17 Whiting
18 Minor Shelf Rockfish 21
19
I 40"10' N lat. - 34"27' N lat.
20
South of 34 "27' N lat.
21 Widow rockfish
22
I 40"10' N lat. - 34"27' N lat.
23
South of 34 "27' N lat.
24 Chilipepper rockfish
25
I 40"10' N lat. - 34"27' N lat.
26
South of 34 °27' N lat.
27 Canary rockfish
28 Yelloweve rockfish
29 Quill back rockfish
30 Cowcod
31 Bronzespotted rockfish
32 Bocaccio
33 Minor Nearshore Rockfish
34
40°1 O' N lat. - 36° N lat. Shallow nearshore41
35
South of 36° N lat. Shallow nearshore41
10,000 lb/ month
-I
10,000 lb/ month seaward of the non-trawl RCA; 0 lb/month inside the non-trawl RCA
10,000 lb/ month
10,000 lb/ trip
44 Longnose skate
Fish 71
45 Other
46 Cabezon in California
47
48
)>
m
I'""
6,000 lb/ 2 months, of which no more than 500 lb mav be vermilion
6,000 lb/ 2 months, of Vvhich no more than 3,000 lb mav be vermilion
m
N
10,000 lb/ 2 months
8,000 lb/ 2 months
-
CJ)
10,000 lb./ 2 months
8,000 lb./ 2 months
3,500 lb/ 2 months
CLOSED
0 lb/ 2 months
CLOSED
CLOSED
8,000 lb/ 2 months
0
-C:
:::r
0 lb/ 2 months
2,000 lb/ 2 months
0 lb/ 2 months
2,000 lb/ 2 months, of which no more than 75 lb may be copper rock.fish
3,500 lb/ 2 months
1,600 lb/ 2 months seaward of the non-trawl RCA; 0 lb/ 2 months inside the non-trawl RCA
1,600 lb/ 2 months
1,000 lb/ 2 months
150,000 lb/ 2
200,000 lb/ 2 months
100,000 lb/ 2 months
months
Unlimited
0 lb / 2 months
I
43 Spiny dogfish
2,500 lb/ 2 months
3,000 lb/ 2 months
36
40°1 O' N lat. - 36° N lat. Deeper nearshore51
37
South of 36° N lat. Deeper nearshore51
38 California Scorpionfish
39 Linacod 61
40
I
40"1 0' N lat. - 36" N lat.
41
South of 36° N lat.
42 Pacific cod
I
2,000 lb/ 2 months
I
40"1 0' N lat. - 36° N lat.
South of 36" N lat.
0 lb/ 2 months
Unlimited
Unlimited
1/ The RockfIsh Conservation Area Is an area closed to fishing by particular gear types, bourded by the EEZ (exclusive economic zone, 1.e., federal waters from 3-200 nautical miles from shore)
49 Big Skate
or lines specifically defined by latitude and lorgitude coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contours (with the exception of the 20-fm
depth contour boundary south of 42° N lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower
than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose
other than transiting. LEFG vessels may be allowed to fish inside groundfish conservation areas using non-bottom contact hook and line only.
See§ 660.230 (d) of the regulations for more information.
2/ Minor Shelf and Slope Rockfish complexes are defined at§ 660.11. Pacific ocean perch is included in the trip limits for Minor Slope Rockfish. Blackgill rockfish have a
species specific trip sub-limit within the Minor Slope Rockfish cumulative limit. Yellowtail rockfish are included in the trip limits for Minor Shelf Rockfish. Bronzespotted
rockfish have a species specific trip limit.
3/ "Other Flatfish'' are defined at § 660. 11 and include butter sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole.
4/ "Shallow Nearshore" are defined at§ 660.11 urder "Groundfish" (7)(i)(B)(1 ).
5/ "Deeper Nearshore" are defined at§ 660.11 urder "Groundfish" (7)(i)(B)(2).
6/ The commercial mimimum size limit for lirgcod is 22 inches (56 cm) total length South of 42° N lat.
7/ "other Fish" are defined at§ 660.11 and include kelp greenling off California and leopard shark.
To convert pounds to kllograms, divide by 2.20462, the number of pounds In one kllogram.
3. On page 83361, in amendatory
instruction 4, ‘‘Table 3 (North) to Part
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■
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16:47 Dec 28, 2023
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660, Subpart F—Non-Trawl Rockfish
Conservation Areas and Trip Limits for
Open Access Gears North of 40°10′ N
Lat.″ Is corrected to read as follows:
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Table 3 (North) to Part 660, Subpart F—
Non-Trawl Rockfish Conservation
Areas and Trip Limits for Open Access
Gears North of 40≥10′ N Lat.
E:\FR\FM\29DER1.SGM
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ER29DE23.066
Table 3 (North) to Part 660, Subpart F—
[Corrected]
90131
Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Rules and Regulations
Table 3 (North) to Part 660, Subpart F -- Non-Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears North of 40°1 O' N lat.
Other limits and requirements apply -- Read §§660.10 through 660.399 before using this table
Rockfish Conservation Area (RCA)11:
1 North of46'16' N lat.
2 46'16' N lat. -42'00' N lat.
3 42'00' N lat. - 40'1 0' N lat.
JAN-FEB
I
MAR-APR
I
I
I
I
I
1/1/2024
MAY✓UN
I
JUL-AUG
I
SEP-OCT
I
NOV-DEC
I
I
I
I
I
I
I
Shoreward EEZ-100 fm line 11
30 fm line 11 - 75 fm line 11
Shoreward EEZ - 75 fm line 11
See §§660.60, 660.330 and 660.333 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76-660.79
for conservation area descriptions and coordinates (including RCAs, YRCAs, Farallon Islands, Cordell Bank, and EFHCAs).
4
5
6
7
a
9
Minor Slope Rockfish 21 & Darkblotched
rockfish
2,000 lb/ month
100 lb/ month
3,000 lb/ week, not to exceed 6,000 lb/ 2 months
50 lb/ month
50 lb/ month
Pacific ocean perch
Sablefish
Shortpine thornyheads
Longspine thornvheads
Dover sole, arrowtooth flounder, petrale sole,
5,000 lb/ month
English sole, starry flounder 71
10 Other Flatfish 31
11
12
North of 42'00' N lat.
42'00' N lat. - 40'1 0' N lat.
5,000 lb/ month
5,000 lb/ month seaward of the non-trawl RCA; O lb/month inside the non-trawl RCA
300 lb/ month
13 Whiting
14 Minor Shelf Rockfish 21
15
North of 42'00' N lat.
16
42'00' N lat. - 40'1 0' N lat.
17 Widow rockfish
18
19
20
21
22
23
Yellowtail rockfish
Canarv rockfish
Yelloweye rockfish
Quillback rockfish
42'00' N lat. - 40'1 0' N lat.
Minor Nearshore Rockfish, Oregon black/blue/deacon rockfish, & black rockfish
42'00' N lat. - 40'1 0' N lat.
Minor Nearshore Rock.fish
42'00' N lat. - 40'1 0' N lat.
Black rockfish
25
26
27 Linncod51
28
30
31
32
33
34
35
36
37
38
-I
0 lb/ 2 months
m
>
CD
r
North of 42'00' N lat. 5,000 lb/ 2 months, no more than 1,200 lb of which may be species other than black rockfish or blue/deacon rockfish 41
24
29
800 lb/ month
600 lb/month
2,000 lb/ 2 months
1,500 lb/month
1,000 lb/ 2 months
CLOSED
0 lb/ 2 months
1,000 lb/ month seaward of the non-trawl RCA; 0 lb/ month inside the non-trawl RCA
Pacific cod
1,000 lb/ 2 months
150,000 lb/ 2
Spiny dogfish
200,000 lb/ 2 months
100,000 lb/ 2 months
months
Lonanose skate
Unlimited
Bia skate
Unlimited
Unlimited
Other Fish 61
Cabezon in California
O lb/ 2 months
Oreaon Cabezon/Kelp Greenlina
Unlimited
SALM ON TROLL (subject to RCAs when retaining all species of groundfish, except for yellowtail rockfish and lingcod, as described below)
Salmon trollers may retain and land up to 500 lb ofyellowtail rockfish per month as long as salmon is on board, both
within and outside of the RCA. Salmon trollers may retain and land up to 1 ling cod per 2 Chinook per trip, plus 1
ling cod per trip, up to a trip limit of 1O lingcod, on a trip where any fishing occurs within the RCA. The ling cod limit only
North
applies during times when lingcod retention is allm,ved, and is not "CLOSED." Theses limits are within the per month
limits described in the table above, and not in addition to those limits. All groundfish species are subject to the open
access limits, seasons, size limits and RCA restrictions listed in the table above, unless otherwise stated here.
42°00' N lat.-40°10' N lat.
I
....
0
5,500 lb/ month
North of 42°00' N lat.
w
--z
0 lb/ 2 months
:::r
I
39 PINK SHRIMP NON-GROUNDFISH TRAWL (not subject to RCAs)
Effective April 1 - October 31: Groundfish: 500 lb/day, multiplied by the number of days of the trip, not to exceed
1,500 lb/trip. Toe following sublimits also apply and are counted toward the overall 500 lb/day and 1,500 lb/trip
groundfish limits: lingcod 300 lb/month (minimum 24 inch size limit); sablefish 2,000 lb/month; canary, thomyheads
and yelloweye rockfish are PROHIBITED. All othergroundfish species taken are managed under the overall 500
lb/day and 1,500 lb/trip groundfish limits. Landings of these species count toward the per day and per trip groundfish
limits and do not have species-specific limits. The amount of groundfish landed may not exceed the amount of pink
shrimp landed.
40 North
1/ The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by the EEZ (exclusive economic zone, i.e,, federal waters from 3-200 nautical miles from shore)
or lines specifically defined by latitude and longitude coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contours (with the exception of the 20-fm
depth contour boundary south of 42° N lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower
than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA or operate in the RCA for any purpose
other than transiting. Open access vessels may be allowed to fish inside groundfish conservation areas using hook and line only.
See§ 660.330 (d) of the regulations for more information.
2/ Minor Shelf and Slope Rockfish complexes are defined at§ 660.11. Bocaccio, chilipepper and cowcod rockfishes are included in the trip limits for Minor Shelf Rockfish. Splitnose
rockfish is included in the trip limits for Minor Slope Rockfish.
3/ "other flatfish" are defined at§ 660.11 and include butter sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole.
4/ For black rockfish north of Cape Aiava (48°09.50' N lat.), and between Destruction Is. (47°40' N lat.) and Leadbetter Pnt. (46°38.17' N lat.),
there is an additional limit of 100 lbs or 30 percent by weight of all fish on board, wtlichever is greater, per vessel, per fishing trip.
Table 3 (South) to Part 660, Subpart F—
[Corrected]
4. On page 83362, in amendatory
instruction 5, ‘‘Table 3 (South) to Part
■
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16:47 Dec 28, 2023
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660, Subpart F—Non-Trawl Rockfish
Conservation Areas and Trip Limits for
Open Access Gears South of 40°10′ N
Lat.″ is corrected to read as follows:
PO 00000
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Table 3 (South) to Part 660, Subpart F—
Non-Trawl Rockfish Conservation
Areas and Trip Limits for Open Access
Gears South of 40≥10′ N Lat.
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5/ The minimum size limit for lingcod is 22 inches (56 cm) total length North of 42° N lat. and 22 inches (56 cm) South of 42° N lat.
6/ "other fish" are defined at§ 660.11 and include kelp green ling off California and leopard shark.
7/ Open access vessels may be allowed to fish inside groundfish conservation areas using hook and line only. See§ 660.330 (d) of the regulations for more information.
To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.
90132
Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Rules and Regulations
Table 3 (South) to Part 660, Subpart F-- Non-Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears South of 40°10' N lat.
Other limits and requirements apply-- Read §§660 10 through 660 399 before using this table
1/1/2024
JAN-FEB
I
MAR-APR
I
MAY-JUN
I
JUL-AUG
I
SEP-OCT
I
NOV-DEC
Rockfish Conservation Area {RCA} 11 :
I
I
I
I
I
I
I
I
I
I
I
Shoreward EEZ11 - 75 fm line 11
1 40°10' N lat. - 36°00' N lat.
2 36°00' N lat. - 34 °27' N lat.
50 fm line 11 - 75 fm line 11
3 South of 34 °27' N lat.
100 fm line 11 - 150 fm line 11 (also anr.lies around islands and banks\
See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76-660.79 for
conservation area descriptions and coordinates (including RCAs, YRCAs, Farallon Islands, Cordell Bank, and EFHCAs).
4 Minor Slope Rockfish"
& Darkblotched
10,000 lb/ 2 months, of IMlich no more than 2,500 lb may be blackgill rockfish
rockfish
5 Splitnose rockfish
6 Sablefish
-78
200 lb/ month
140°10' N lat. -36°00' N lat.
3,000 lb/ week, not to exceed 6,000 lb/ 2 months
ISouth of 36°00' N lat.
2,000 lb/ week, not to exceed 6,000 lb/ 2 months
9 Short.pine thomyheads
10
I 40°10' N lat. - 34°27' N lat
11 Longspine thomyheads
12
I 40°10' N lat. - 34°27' N lat
50 lb/ month
50 lb/ month
13 Shortpine thomyheads and longspine
thornvheads
ISouth of 34°27' N lat.
14
100 lb/ day, no more than 1,000 lb/ 2 months
5,000 lb/ month
15 ~~;~:~o~:;:,r:::;:uf~~~~,d~;~:;~:;i:;1~
-I
)>
16 Other Flatfish~
I
I
17
18
40°10' N lat. - 36°00' N lat.
South of 36°00' N lat.
19 Whiting
20 Minor Shelf Rockfish 21
21
I 40°10' N lat. - 34°27' N lat.I
22
5,000 lb/ month seaward of the non-Ira»! RCA; O lb/month inside the non-Ira»! RCA
5,000 lb/ month
300 lb/ month
25
w
40°10' N lat. - 34°27' N lat.
South of 34°27' N lat.
6,000 lb/ 2 months
4,000 lb/ 2 months
--
I 40°10' N lat. - 34°27' N lat
6,000 lb/ 2 months
4,000 lb/ 2 months
1,500 lb/ 2 months
CLOSED
CLOSED
CLOSED
O lb/ 2 months
6,000 lb/ 2 months
South of 34°27' N lat.
I
I
en
26 Chilipepper rockfish
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
0
South of 34°27' N lat.
I
Canarv rockfish
Yelloweye rockfish
Cowcod
Bronzespotted rockfish
Quill back rockfish
Bocaccio
Minor Nearshore Rockfish
40°10' N lat. - 36°00' N lat.
South of 36°00' N lat.
40°10' N lat. - 36°00' N lat.
South of 36°00' N lat.
California Scorpionfish
Linacod61
I
42
r
m
3,000 lb/ 2 months, of Vvflich no more than 300 lb may be vermilion/sunset
3,000 lb/ 2 months, of Vvflich no more than 900 lb may be vermilion/sunset
I
23 Widow rockfish
24
m
43
:::r
~
O lb/ 2 months
2,000 lb/ 2 months
O lb/ 2 months
2,000 lb/ 2 months, of Vvflich no more than 75 lb may be copper rockfish
3,500 lb/ 2 months
Shallownearshore~
Shallow nearshore~
Deeper nearshore&
Deeoer nearshore51
700 lb/ month seaward of the non-trawl RCA; 0 lb/ month inside the non-trawl RCA
40°10' N lat. - 36°00' N lat.
South of 36°00' N lat.
44 Pacific cod
45 Spinydogfish
C:
200,000 lb/ 2 months
48 Longnose skate
47 Big skate
48 Other Fish 71
I
700 lb/ month
1,000 lb/2 months
150,000 lb/ 2
months
Unlimited
Unlimited
Unlimited
I
100,000 lb/ 2 months
49 Cabezon in California
VerDate Sep<11>2014
O lb/ month
Unlimited
I 40° 10' N lat. - 36°00' N lat I
South of 36°00' N lat. I
I
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50
51
Federal Register / Vol. 88, No. 249 / Friday, December 29, 2023 / Rules and Regulations
Table 3 (South) Continued
Other limits and reauirements aoolv-- Read §§660 1O throuah 660 399 before usina this table
I
I
JAN-FEB
MAR-APR
MAY-JUN
I
I
JUL-AUG
SEP-OCT
I
90133
1/1/2024
NOV-DEC
Rockfish Conservation Area (RCA)11:
1 40°1 O' N lat. - 36°00' N lat.
Shoreward EEZ11 - 75 fm line 11
2 36°00' N lat. - 34°27' N lat.
50 fm line 11 - 75 fm line 11
11
3 South of 34 °27' N lat.
100 fm line - 150 fm line 11 (also aoolies around islands and banks)
See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76-660.79 for
conservation area descriptions and coordinates (including RCAs, YRCAs, Farallon Islands, Cordell Bank, and EFHCAs).
59 SALMON TROLL (subject to RCAs when retainin all species of groundfish, except for yellowtail rockfish, as described below)
Salmon trollers may retain and land up to 1 lb of yellowtail rockfish for every 2 lb of Chinook salmon landed, with a
cumulative limit of 200 lb/month, both within and outside of the RCA. This limit is within the 4,000 lb per 2 month limit for
South of 40°1 O' N lat. minor shelf rockfish between 40°1 O' and 34°27' N lat., and not in addition to that limit. All groundfish species are subject
to the open access limits, seasons, size limits and RCA restrictions listed in the table above, unless otherwise stated
here.
60
63
40°10' N lat. -38°00' N lat.
64
38°00' N lat. - 34°27' N lat.
65
South of 34°27' N lat.
100 Im line 11 - 150 Im line 11
I
)>
Cl
rm
c.,
61 RIDGEBACK PRAWN AND, SOUTH OF 38°57.50' N lat., CA HALIBUT AND SEA CUCUMBER NON-GROUNDFISH TRAWL
62 NON-GROUNDFISH TRAWL Rockfish Conservation Area (RCA) for CA Halibut, Sea Cucumber & Ridaeback Prawn:
100 Im line 11 200fmline 11
-I
I
100 Im line 11 200fmline 11
100 Im line 11 - 150 Im line 11
100 Im line 11 - 150 Im line 11
.....
rn
0
C:
Groundfish: 300 lb/trip. Species-specific limits described in the table above also apply and are counted toward the 300 lb
groundfish per trip limit. The amount of groundfish landed may not exceed the amount of the target species landed,
~
except that the amount of spiny dogfish landed may exceed the amount of target species landed. Spiny dogfish are
limited by the 300 lb/trip overall groundfish limit. The daily trip limits for sablefish coastwide and thornyheads south of Pl. C')
Conception and the overall groundfish •per trip" limit may not be multiplied by the number of days of the trip. Vessels
0
participating in the California halibut fishery south of38°57.50' N lat. are allowed to (1) land upto 100 lb/day of
:J
groundfish without the ratio requirement, provided that at least one California halibut is landed and (2) land up to 3,000
lb/month of flatfish, no more than 300 lb of which may be species other than Pacific sanddabs, sand sole, starry flounder,
rock sole, curlfin sole, or California scorpionfish (California scorpionfish is also subject to the trip limits and closures in
:J
line 29).
:::r
66
C:
67 PINK SHRIMP NON-GROUNDFISH TRAWL GEAR (not subject to RCAs)
(D
Effective April 1 - October 31: Groundfish: 500 lb/day, multiplied by the number of days of the trip, not to exceed 1,500 C.
69
lb/trip. The following sublimits also apply and are counted toward the overall 500 lb/ day and 1,500 lb/ trip groundfish
limits: lingcod 300 lb/ month (minimum 24 inch size limit); sablefish 2,000 lb/ month; canary rockfish, thornyheads and
yelloweye rockfish are PROHIBITED. All other groundfish species taken are managed under the overall 500 lb/day and
1,500 lb/ trip groundfish limits. Landings of all groundfish species count toward the per day, per trip or other speciesspecific sublimits described here and the species-specific limits described in the table above do not apply. The amount
of groundfish landed may not exceed the amount of pink shrimp landed.
South
1/ The Rocl2014
16:47 Dec 28, 2023
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6. On page 83855, remove amendatory
instruction 23 and the accompanying
regulatory text revising table 3 (North)
and table 3 (South) to part 660, subpart
F, and redesignate amendatory
■
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instructions 24 and 25 as amendatory
instructions 22 and 23.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 12, 2023.
Everett Wayne Baxter,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–27689 Filed 12–28–23; 8:45 am]
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Effective January 1, 2024, in FR Doc.
2023–25905 at 88 FR 83830 in the issue
of December 1, 2023:
Agencies
[Federal Register Volume 88, Number 249 (Friday, December 29, 2023)]
[Rules and Regulations]
[Pages 90127-90133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27689]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 221206-0261]
RIN 0648-BM72
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2023-2024 Biennial Specifications and
Management Measures; Inseason Adjustments; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: NMFS published a final rule on November 29, 2023, to announce
routine inseason adjustments to management measures in commercial and
recreational groundfish fisheries for the 2024 fishing year. That rule
is intended to allow commercial and recreational fishing vessels to
access more abundant groundfish stocks while protecting overfished and
depleted stocks. This action corrects the trip limits for the limited
entry (LE) fixed gear and open access (OA) fleets for ``Other
Flatfish'' (butter sole, curlfin sole, flathead sole, Pacific sanddab,
rex sole, rock sole, and sand sole) south of latitude (lat.) 40[deg]10'
North (N). This correction is necessary so that the implementing
regulations are accurate and implement the action as intended by the
Pacific Fishery Management Council (Council). This action also corrects
a final rule published on December 1, 2023.
DATES: The corrections are effective on January 1, 2024.
FOR FURTHER INFORMATION CONTACT: Keeley Kent, phone: 206-526-4655,
[email protected].
SUPPLEMENTARY INFORMATION:
Background
NMFS published the final rule to implement harvest specifications
and management measures for the 2023-2024 biennium for most species
managed under The Pacific Coast Groundfish Fishery Management Plan
(PCGFMP) on December 16, 2022 (87 FR 77007). The harvest specifications
and mitigation measures developed for the 2023-2024 biennium used data
through the 2021 fishing year to help various sectors of the fishery
attain, but not exceed, the catch limits for each stock. Based on
updated fisheries information
[[Page 90128]]
that was unavailable when the analysis for the current harvest
specifications was completed, Council recommended that NMFS extend the
duration of several measures implemented through an inseason action
published on October 2, 2023 (88 FR 67656), to continue the
minimization of mortality of quillback rockfish off California for the
2024 fishing season. The Council also recommended NMFS reset trip
limits for several species for the 2024 fishing season. NMFS published
a final rule on November 29, 2023 (88 FR 83354), that announces routine
inseason adjustments to management measures in commercial and
recreational groundfish fisheries for the 2024 fishing year.
Need for Correction
The November 29, 2023, final rule modified tables 2 north and south
to part 660, subpart E, and tables 3 north and south to part 660,
subpart F. NMFS implemented an area-based trip limit for LE and OA
fleets between lat. 42[deg] N and lat. 36[deg] N seaward of the non-
trawl Rockfish Conservation Area (RCA) for lingcod and other flatfish
for all cumulative periods in 2024. The trip limits for other flatfish
for the LE and OA fleets south of lat. 40[deg]10' N were inadvertently
changed from those that were intended by the final rule by switching
the trip limits in areas lat. 40[deg]10' N to lat. 36[deg] N and south
of lat. 36[deg] N. The preamble to the final rule correctly notes that
by reducing the ``other flatfish'' trip limit to 0 lbs/2 months between
lat. 42[deg] N and lat. 36[deg] N inside the Non-Trawl RCA, and
maintaining the current trip limits seaward of the Non-Trawl RCA, the
inseason action would help prevent the possible interaction with
quillback rockfish within the Non-Trawl RCA.
This action changes the trip limit to what was originally intended
by correcting table 2 south to part 660, subpart E and table 3 south to
part 660, subpart F in the regulations. For LE fixed gear between lat.
42[deg] N to lat. 36[deg] N, the trip limit for other flatfish will be
0 lbs/month inside the Non-Trawl RCA and 10,000 lbs/month seaward of
the Non-Trawl RCA. For LE fixed gear south of lat. 36[deg] N, the trip
limit for other flatfish will be 10,000 lbs/month with no area
restriction. Similarly, for OA, between lat. 42[deg] N and lat. 36[deg]
N, the trip limit for other flatfish will be 0 lbs/month inside the
Non-Trawl RCA and 5,000 lbs/month seaward of the Non-Trawl RCA. For OA
south of lat. 36[deg] N, the trip limit for other flatfish will be
5,000 lbs/month with no area restriction.
These corrections are consistent with the Council's recommendation
for the inseason adjustments to the 2024 fishing year harvest
specifications and are minor corrections necessary to correctly
implement the Council intent in their final action from November 2023.
This rule also removes amendatory instructions published in the
final rule for Amendment 32 to the Groundfish FMP (December 1, 2023; 88
FR 83830). The amendatory instructions created erroneous and incorrect
table headings for tables 2 north and south to part 660, subpart E, and
tables 3 north and south to part 660, subpart F.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries (AA) finds there is good cause to waive prior notice and an
opportunity for public comment on this action, as notice and comment
would be unnecessary and contrary to public interest. Notice and
comment are unnecessary and contrary to the public interest because
this action corrects inadvertent errors in the November 29, 2023, final
rule. Immediate notice of the errors and correction is necessary to
prevent confusion among participants in the fishery that could result
in issues with enforcement of area management. To effectively correct
the errors, the changes in this action must be effective on January 1,
2024, which is the effective date of the November 29, 2023, final rule.
Thus, there is not sufficient time for notice and comment due to the
imminent effective date of the November 29, 2023, final rule. In
addition, notice and comment is unnecessary because this notice makes
only minor changes to correct the final rule and is consistent with the
expectation of the public. These corrections will not affect the
results of analyses conducted to support management decisions in the
Pacific coast groundfish fishery.
For the same reasons stated above, the AA has determined that good
cause exists to waive the 30-day delay in effectiveness pursuant to 5
U.S.C. 553(d). This document makes only minor corrections to the final
rule which will be effective January 1, 2024. Delaying effectiveness of
these corrections would result in conflicts in the regulations and
confusion among fishery participants. Because prior notice and an
opportunity for public comment are not required to be provided for this
rule by 5 U.S.C. 553, or any other law, the analytical requirements of
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not
applicable. Accordingly, no Regulatory Flexibility Analysis is required
for this rule and none has been prepared.
This final rule is not significant under Executive Order 12866.
Corrections
Effective January 1, 2024, in FR Doc. 2023-26018 at 88 FR 83354 in
the issue of November 29, 2023:
Table 2 (North) to Part 660, Subpart E--[Corrected]
0
1. On page 83359, in amendatory instruction 2, ``Table 2 (North) to
Part 660, Subpart E--Non-Trawl Rockfish Conservation Areas and Trip
Limits for Limited Entry Fixed Gear North of 40[deg]10' N Lat.'' Is
corrected to read as follows:
Table 2 (North) to Part 660, Subpart E--Non-Trawl Rockfish Conservation
Areas and Trip Limits for Limited Entry Fixed Gear North of 40[deg]10'
N Lat.
[[Page 90129]]
[GRAPHIC] [TIFF OMITTED] TR29DE23.065
Table 2 (South) to Part 660, Subpart E--[Corrected]
0
2. On page 83360, in amendatory instruction 3, ``Table 2 (South) to
Part 660, Subpart E--Non-Trawl Rockfish Conservation Areas and Trip
Limits for Limited Entry Fixed Gear South of 40[deg]10' N Lat.'' Is
corrected to read as follows:
Table 2 (South) to Part 660, Subpart E--Non-Trawl Rockfish Conservation
Areas and Trip Limits for Limited Entry Fixed Gear South of 40[deg]10'
N Lat.
[[Page 90130]]
[GRAPHIC] [TIFF OMITTED] TR29DE23.066
Table 3 (North) to Part 660, Subpart F--[Corrected]
0
3. On page 83361, in amendatory instruction 4, ``Table 3 (North) to
Part 660, Subpart F--Non-Trawl Rockfish Conservation Areas and Trip
Limits for Open Access Gears North of 40[deg]10' N Lat.'' Is corrected
to read as follows:
Table 3 (North) to Part 660, Subpart F--Non-Trawl Rockfish Conservation
Areas and Trip Limits for Open Access Gears North of 40[deg]10' N Lat.
[[Page 90131]]
[GRAPHIC] [TIFF OMITTED] TR29DE23.067
Table 3 (South) to Part 660, Subpart F--[Corrected]
0
4. On page 83362, in amendatory instruction 5, ``Table 3 (South) to
Part 660, Subpart F--Non-Trawl Rockfish Conservation Areas and Trip
Limits for Open Access Gears South of 40[deg]10' N Lat.'' is corrected
to read as follows:
Table 3 (South) to Part 660, Subpart F--Non-Trawl Rockfish Conservation
Areas and Trip Limits for Open Access Gears South of 40[deg]10' N Lat.
[[Page 90132]]
[GRAPHIC] [TIFF OMITTED] TR29DE23.068
[[Page 90133]]
[GRAPHIC] [TIFF OMITTED] TR29DE23.069
Effective January 1, 2024, in FR Doc. 2023-25905 at 88 FR 83830 in
the issue of December 1, 2023:
Subpart E of Part 660--[Corrected]
0
5. On page 83850, remove amendatory instruction 19 and the accompanying
regulatory text revising table 2 (North) and table 2 (South) to part
660, subpart E, and redesignate amendatory instructions 20 through 22
as amendatory instructions 19 through 21.
Subpart F of Part 660--[Corrected]
0
6. On page 83855, remove amendatory instruction 23 and the accompanying
regulatory text revising table 3 (North) and table 3 (South) to part
660, subpart F, and redesignate amendatory instructions 24 and 25 as
amendatory instructions 22 and 23.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 12, 2023.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-27689 Filed 12-28-23; 8:45 am]
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